Terms Used In Utah Code > Title 58 > Chapter 22 - Professional Engineers and Professional Land Surveyors Licensing Act
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- Beer: includes a product that:
(i) contains alcohol in the percentages described in Subsection (12)(a); and (ii) is referred to as: (A) beer; (B) ale; (C) porter; (D) stout; (E) lager; or (F) a malt or malted beverage. See Utah Code 32B-1-102
- Beer retailer: means a business that:
(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and (b) is licensed as: (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
- Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102
- Brewer: means a person engaged in manufacturing:
(a) beer; (b) heavy beer; or (c) a flavored malt beverage. See Utah Code 32B-1-102
- Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
- Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Commission-approved activity: means a leisure activity that:
(a) the commission approves by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) does not involve the use of a dangerous weapon. See Utah Code 32B-6-702
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Container: means a receptacle that contains an alcoholic product, including:
(a) a bottle; (b) a vessel; or (c) a similar item. See Utah Code 32B-1-102
- Convention center: means a facility that is:
(a) in total at least 30,000 square feet; and (b) otherwise defined as a "convention center" by the commission by rule. See Utah Code 32B-1-102
- Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fund: means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103. See Utah Code 58-22-102
- Furnish: includes to:
(i) serve; (ii) deliver; or (iii) otherwise make available. See Utah Code 32B-1-102
- Hotel: means a commercial lodging establishment that:
(a) offers at least 40 rooms as temporary sleeping accommodations for compensation; (b) is capable of hosting conventions, conferences, and food and beverage functions under a banquet contract; and (c) (i) has adequate kitchen or culinary facilities on the premises to provide complete meals; or (ii) (A) has at least 1,000 square feet of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract and can accommodate at least 75 individuals; or (B) if the establishment is located in a small or unincorporated locality, has an appropriate amount of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract, as determined by the commission. See Utah Code 32B-1-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- License: means :
(a) a retail license; (b) a sublicense; (c) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (d) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (e) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (f) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Liquor: includes :
(A) heavy beer; (B) wine; and (C) a flavored malt beverage. See Utah Code 32B-1-102
- Local authority: means :
(a) for premises that are located in an unincorporated area of a county, the governing body of a county; (b) for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or (c) for premises that are located in a project area as defined in Section 63H-1-201 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
- Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
- Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- NCEES: means the National Council of Examiners for Engineering and Surveying. See Utah Code 58-22-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- On-premise beer retailer: means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises: (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and (ii) on and after March 1, 2012, operating: (A) as a tavern; or (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
(a) a customer; (b) a member; (c) a guest; (d) an attendee of a banquet or event; (e) an individual who receives room service; (f) a resident of a resort; or (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
- practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102
- practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:
(ii) buildings and other structures designated as essential facilities, including: (A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet; (B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet; (C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet; (D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet; (E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet; (F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and (G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and (iii) buildings and other structures requiring special consideration, including: (A) structures or buildings that are normally occupied by human beings and are five stories or more in height; (B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and (C) buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102
- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Principal: means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice. See Utah Code 58-22-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Professional engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102
- Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102
- Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Record: includes :
(i) a book; (ii) a book of account; (iii) a paper; (iv) a contract; (v) an agreement; (vi) a document; or (vii) a recording in any medium. See Utah Code 32B-1-102
- Recreational amenity: means :
(i) a billiard parlor; (ii) a pool parlor; (iii) a bowling facility; (iv) a golf course; (v) miniature golf; (vi) a golf driving range; (vii) a tennis club; (viii) a sports facility that hosts professional sporting events and has a seating capacity equal to or greater than 6,500; (ix) a concert venue that has a seating capacity equal to or greater than 6,500; (x) one of the following if owned by a government agency: (A) a convention center; (B) a fair facility; (C) an equestrian park; (D) a theater; or (E) a concert venue; (xi) an amusement park: (A) with one or more permanent amusement rides; and (B) located on at least 50 acres; (xii) a ski resort; (xiii) a venue for live entertainment if the venue: (A) is not regularly open for more than five hours on any day; (B) is operated so that food is available whenever beer is sold, offered for sale, or furnished at the venue; and (C) is operated so that no more than 15% of its total annual receipts are from the sale of beer; (xiv) concessions operated within the boundary of a park administered by the: (A) Division of Parks and Recreation; or (B) National Parks Service; (xv) a facility or venue that is a recreational amenity for a person licensed under this part before May 12, 2020; (xvi) a venue for karaoke; or (xvii) an enterprise developed around a commission-approved activity. See Utah Code 32B-6-702
- Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
- Resort facility: is a s defined by the commission by rule. See Utah Code 32B-1-102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Staff: includes :
(i) an officer; (ii) a director; (iii) an employee; (iv) personnel management; (v) an agent of the licensee, including a managing agent; (vi) an operator; or (vii) a representative. See Utah Code 32B-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- Structure: means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
- Summons: Another word for subpoena used by the criminal justice system.
- Tavern: means an on-premise beer retailer who is:
(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Venue: The geographical location in which a case is tried.
- Writing: includes :Utah Code 68-3-12.5
- Beer retailer: means a business that: